Re: Increasing concerns regarding the deteriorating status of Human
Rights of Mapuche People in Chile (Chile’s largest First Nations)

Dear
Prime Minister,

It
is with great concern that I am addressing the state of Chile’s First Nations
People Rights (Mapuche or People from the Land). They are account for
approximately 9% of Chile’s population.

For
centuries they have suffered discrimination and violent plundering of their
lands. A destructive approach to their Nations’ Rights, culture, conceptual
understanding of the world and of their living conditions has been imposed.
They live in extreme poverty and under continuous repression from Chile’s
authorities. This deteriorated during the Dictatorship and, unfortunately, the
post military ruling has not provided solutions. Worst of all, these days, they
live under a harsh “dirty war”, expressed in total exclusion, racism, legal
system that discriminates and establishes a judiciary system that violates all
rules of Due Process. Communities are under attack by militarized Special
Forces. I have visited all political prisoners in the different prisons as well
as their communities and families. I have examined and advised proper care for
the prisoners who have been subjected to torture and for children who were
seriously wounded with armed weapons and physical and psychological ill
treatments. I have seen their people -elderly, women and children included-
shot at; their homes attacked with tear gas and other toxic compounds. Children
are tortured and there are many international reports as evidence to it.

Mapuche
leaders and political activities for demands that are under the scope of
Covenant 169, of ILO are criminalized, hence they are detained under the
practical terms of the Anti-Terrorist Law, albeit its pretended “humanisation”,
it continues to be used under different names but maintaining prolonged
detentions, having no definitive mandatory rules for trials. “Protected
witnesses”, in country where there is no terrorism other that the mentioned
attacks, are routinely used as it is also the case for the use of torture
against prisoner in order to obtain “confessions”. International legal
observers have concluded after attending their trials that there is a definite
prevarication in Chile’s Judiciary system. (Rapport of Ms Mireille Fanon-Mendès France: version francaise: http://collectif.mapuche.over-blog.com/pages/rapport-de-la-mission-de-mme-mireille-fanon-mendes-france-proces-a-ca-ete-decembre-2010-4479165.html) Condemned people have seen their
appeals rejected by Chile’s Supreme Court as it accepted the rules applied by
the tribunals. .

More
recently, Chile’s offices for UNICEF were occupied by Mapuche families in
protest for the violent and bloody attack on their communities and,
particularly the shooting of Mapuche children in both their community and in the
city of Collipulli. This occupation faced immediately the threat of violent
police ejection, which was not accepted by UNICEF local Director, Mr. Tom
Olsen. As the UN nor UNICEF have yet established a firm and efficient demand to
the Chilean government that would put an end to this institutionalized violence
against their children and families, they have initiated a hunger strike.

Furthermore,
five Mapuche political prisoners have also started a hunger strike. This is in the
city of Angol. They are on their 4th day of Hunger Strike for their
lawless trials and in support of their just, democratic and peaceful demands (demands
supported by the United Nations Declaration on the Rights of Indigenous Peoples).
Hunger strike is a last human resor in the presence of harsh repression and
lawlessness. And these people are not guilty: they have simply stated their
demands.

Chile
has signed the ILO (UN) 169 Covenant, the UN Declaration on Rights of
Indigenous Peoples as well as those related to the prohibition of torture, of
protection to women, children and elderly, of the rights of people to exert
their right of speech, culture, language and education. These rights,
unfortunately in today’s’ Chile, are hidden under a blanket of pseudo democracy.
Chile continues to live under the Constitution established under gunpoint by dictator
Pinochet himself; Change is not possible under that Constitution –which is
massively rejected by Chileans. Today there is a countrywide demand for its
proper, democratic repeal: This is with a Constitutional Assembly that will
permit democratic expression of all sectors of Chile’s civil society. Although
all post Pinochet governments of Chile promised it, they did not change the
Constitution: It maintains still, the same system of inequity previously
existing.

These
concerns, Mr Prime Minister, make me to respectfully request your intervention,
as Canada does in situations where human rights are violated, at an
international level and, directly and publicly, vis-à-vis the Chilean
government and authorities and to President Sebastian Piñera whom you have
already met.

These
people on hunger strike must not be pushed to the end of their lives, as it occurs
when people have simply no option to a legal and humanely acceptable quality of
life.

I
would appreciate your prompt and effective response on these unfortunate facts
lived by Chile.

Respectfully
submitted.

I
remain, yours, sincerely

José Venturelli, MD

Spokesperson for the European
Secretariat of Chile’s “Ethical Commission Against Torture” (CECT-SE)